DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This application is filed on 07/21/2023. The preliminary amendment filed on 07/21/2023 is entered and acknowledged by the Examiner.
3. Claims 1-20 are pending. Claims 1-20 are under examination on the merits.
Information Disclosure Statement
4. The information disclosure statement submitted on 07/21/2023, and 01/30/2025 are is in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner has considered the information disclosure statement.
Drawings
5. The drawings are received on 07/21/2023. These drawings are acceptable.
Claim Rejections - 35 USC § 112
6. The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
7. Claims 7-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Claims 7-8 recite “the refrigerant composition has a temperature glide of at or about or less than 5K, preferably at or about or less than 2.5K”, wherein applicant fails to articulate by sufficiently distinct functional language, a temperature range requires at which a temperature glide of at or about or less than 5K, preferably at or about or less than 2.5K, thus claims 7-8 constitute indefinite subject matter as per the metes and bounds of said phrase engenders indeterminacy in scope.
Claim Rejections - 35 USC § 103
8. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
9. Claims 1-13, 19-20 are rejected under 35 U.S.C. 103(a)(1) as being unpatentable over Mondino et al. (US Pub. No. 2015/0175866 A1, hereinafter “’866”) in view of Koban et al. (US Pub. No. 2021/0388251 A1, hereinafter “’251”).
Regarding claim 1: ‘866 teaches a refrigerant composition comprising gaseous mixtures that are useful as replacement or alternative refrigerants for the mixtures R404A, R507A and R407C (Page 1, [0001]). The gaseous mixture selected from the group consisting of: propylene (R1270) in a concentration from 90% to 99% by weight and a gas selected from the group consisting of butene, ethylene (R1150) and ethane (R170) or mixtures thereof in a concentration from 1% to 10% by weight (Page 1, [002], Table 1; Page 4, Claim 1). ‘866 does not expressly teach R1270 refrigerant is greater than zero and less than at or about 56 wt% of the refrigerant composition.
However, ‘251 teaches refrigerant compositions (Page 1, [0001]) including 2,3,3,3-tetrafluoropropene (HFO-1234yf) and propylene (R-1270) in the amount from 1 to 10 weight percent based on the total refrigerant composition (Page 2, [0018]) which exhibit near-azeotropic or azeotrope-like behavior. The refrigerant compositions exhibit a low global warming potential (GWP) and are non-ozone depleting. The refrigerant compositions are useful as a heating or cooling fluids in a variety of heating or cooling systems including heat pumps and other heating and cooling loops, in for example the automotive industry (Page 1, [0009]).
In an analogous art of the refrigerant composition for an HVACR system , and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the amount of R1270 by ‘866, so as to include R1270 refrigerant is greater than zero and less than at or about 56 wt% of the refrigerant composition as taught by ‘251, and would have been motivated to do so with reasonable expectation that this would result in providing a low global warming potential (GWP) and are non-ozone depleting, wherein the refrigerant compositions are useful as a heating or cooling fluids in a variety of heating or cooling systems including heat pumps and other heating and cooling loops, in for example the automotive industry as suggested by ‘251 (Page 1, [0009]).
Regarding claims 2-3: The disclosure of ‘866 in view of ‘251 is adequately set forth in paragraph above and is incorporated herein by reference. ‘866 in view of ‘251 does not expressly teach the refrigerant composition has a capacity that is at or about or greater than 75%, preferably 125% of the capacity of R23 refrigerant.
However, since ‘866 in view of ‘251 teaches substantially identical refrigerant composition as the recited claimed, one of ordinary skill in the art before the effective filing date of the claimed invention was made that the claimed effects and physical properties, i.e. the capacity would be expected to be the same as claimed (i.e., the refrigerant composition has a capacity that is at or about or greater than 75%, preferably 125% of the capacity of R23 refrigerant). If there is any difference between the product of ‘866 in view of ‘251 and the product of the instant claims the difference would have been minor and obvious. “Products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical composition, the properties applicant discloses and/or claims are necessarily present. See MPEP 2112.01(I). Absent an objective showing to the contrary, the addition of the claimed physical properties to the claim language fails to provide patentable distinction over the prior art.
Where ... the claimed and prior art products are identical or substantially identical ... the PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of his claimed product." In re Best, 562 F.2d 1252, 1255 (CCPA 1977) (citations and footnote omitted). The mere recitation of a property or characteristic not disclosed by the prior art does not necessarily confer patentability to a composition or a method of using that composition. See In re Skoner, 51 7 F .2d 94 7, 950 ( CCP A 197 5).
Regarding claims 4-5: The disclosure of ‘866 in view of ‘251 is adequately set forth in paragraph above and is incorporated herein by reference. ‘866 in view of ‘251 does not expressly teach the refrigerant composition the refrigerant composition has a coefficient of performance that is at or about or greater than 95%, preferably 100% of the coefficient of performance of R23 refrigerant.
However, since ‘866 in view of ‘251 teaches substantially identical refrigerant composition as the recited claimed, one of ordinary skill in the art before the effective filing date of the claimed invention was made that the claimed effects and physical properties, i.e. the coefficient of performance would be expected to be the same as claimed (i.e., the refrigerant composition has a coefficient of performance that is at or about or greater than 95%, preferably 100% of the coefficient of performance of R23 refrigerant). If there is any difference between the product of ‘866 in view of ‘251 and the product of the instant claims the difference would have been minor and obvious. “Products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical composition, the properties applicant discloses and/or claims are necessarily present. See MPEP 2112.01(I). Absent an objective showing to the contrary, the addition of the claimed physical properties to the claim language fails to provide patentable distinction over the prior art.
Where ... the claimed and prior art products are identical or substantially identical ... the PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of his claimed product." In re Best, 562 F.2d 1252, 1255 (CCPA 1977) (citations and footnote omitted). The mere recitation of a property or characteristic not disclosed by the prior art does not necessarily confer patentability to a composition or a method of using that composition. See In re Skoner, 51 7 F .2d 94 7, 950 ( CCP A 197 5).
Regarding claim 6: The disclosure of ‘866 in view of ‘251 is adequately set forth in paragraph above and is incorporated herein by reference. ‘866 in view of ‘251 does not expressly teach the refrigerant composition has a condenser discharge temperature that is at or about or within 10K of a condenser discharge temperature of R23 refrigerant.
However, since ‘866 in view of ‘251 teaches substantially identical refrigerant composition as the recited claimed, one of ordinary skill in the art before the effective filing date of the claimed invention was made that the claimed effects and physical properties, i.e. the condenser discharge temperature would be expected to be the same as claimed (i.e., the refrigerant composition has a condenser discharge temperature that is at or about or within 10K of a condenser discharge temperature of R23 refrigerant). If there is any difference between the product of ‘866 in view of ‘251 and the product of the instant claims the difference would have been minor and obvious. “Products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical composition, the properties applicant discloses and/or claims are necessarily present. See MPEP 2112.01(I). Absent an objective showing to the contrary, the addition of the claimed physical properties to the claim language fails to provide patentable distinction over the prior art.
Where ... the claimed and prior art products are identical or substantially identical ... the PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of his claimed product." In re Best, 562 F.2d 1252, 1255 (CCPA 1977) (citations and footnote omitted). The mere recitation of a property or characteristic not disclosed by the prior art does not necessarily confer patentability to a composition or a method of using that composition. See In re Skoner, 51 7 F .2d 94 7, 950 ( CCP A 197 5).
Regarding claims 7-8: The disclosure of ‘866 in view of ‘251 is adequately set forth in paragraph above and is incorporated herein by reference. ‘251 teaches the refrigerant composition, wherein the refrigerant composition has a temperature glide of at or about or less than 5K, preferably at or about or less than 2.5K (Page 2, [0025]).
Regarding claim 9: The disclosure of ‘866 in view of ‘251 is adequately set forth in paragraph above and is incorporated herein by reference. ‘251 teaches the refrigerant compositions (Page 1, [0001]) including 2 propylene (R-1270) in the amount from 1 to 10 weight percent (i.e., less than 25 wt%) based on the total refrigerant composition (Page 2, [0018]).
Regarding claim 10: The disclosure of ‘866 in view of ‘251 is adequately set forth in paragraph above and is incorporated herein by reference. ‘866 teaches the refrigerant composition the R1150 refrigerant is more than zero and less than at or about 36 wt% of the refrigerant composition (Page 1, [002], Table 1; Page 4, Claim 1). ‘251 teaches the refrigerant compositions (Page 1, [0001]) including 2 propylene (R-1270) in the amount from 1 to 10 weight percent (i.e., less than 25 wt%) based on the total refrigerant composition (Page 2, [0018]).
Regarding claims 11-12: The disclosure of ‘866 in view of ‘251 is adequately set forth in paragraph above and is incorporated herein by reference. ‘866 teaches the refrigerant composition the R1150 refrigerant is more than zero and less than at or about 74 wt%, preferably 36 wt% of the refrigerant composition (Page 1, [002], Table 1; Page 4, Claim 1). ‘251 teaches the refrigerant compositions (Page 1, [0001]) including 2 propylene (R-1270) in the amount from 1 to 10 weight percent (i.e., less than 25 wt%) based on the total refrigerant composition (Page 2, [0018]).
Regarding claim 13: The disclosure of ‘866 in view of ‘251 is adequately set forth in paragraph above and is incorporated herein by reference. ‘866 teaches the refrigerant composition the R170 refrigerant is more than zero and less than at or about 50 wt% of the refrigerant composition (Page 1, [002], Table 1; Page 4, Claim 1). ‘251 teaches the refrigerant compositions (Page 1, [0001]) including 2 propylene (R-1270) in the amount from 1 to 10 weight percent (i.e., less than 25 wt%) based on the total refrigerant composition (Page 2, [0018]).
Regarding claim 19: ‘866 teaches a method of making a refrigerant composition for an HVACR system, the method comprising: gaseous mixtures that are useful as replacement or alternative refrigerants for the mixtures R404A, R507A and R407C (Page 1, [0001]). The gaseous mixture selected from the group consisting of: propylene (R1270) in a concentration from 90% to 99% by weight and a gas selected from the group consisting of butene, ethylene (R1150) and ethane (R170) or mixtures thereof in a concentration from 1% to 10% by weight (Page 1, [002], Table 1; Page 4, Claim 1). ‘866 does not expressly teach R1270 refrigerant is greater than zero and less than at or about 56 wt% of the refrigerant composition.
However, ‘251 teaches refrigerant compositions (Page 1, [0001]) including 2,3,3,3-tetrafluoropropene (HFO-1234yf) and propylene (R-1270) in the amount from 1 to 10 weight percent based on the total refrigerant composition (Page 2, [0018]) which exhibit near-azeotropic or azeotrope-like behavior. The refrigerant compositions exhibit a low global warming potential (GWP) and are non-ozone depleting. The refrigerant compositions are useful as a heating or cooling fluids in a variety of heating or cooling systems including heat pumps and other heating and cooling loops, in for example the automotive industry (Page 1, [0009]).
In an analogous art of the method of making a refrigerant composition for an HVACR system, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the amount of R1270 by ‘866, so as to include R1270 refrigerant is greater than zero and less than at or about 56 wt% of the refrigerant composition as taught by ‘251, and would have been motivated to do so with reasonable expectation that this would result in providing a low global warming potential (GWP) and are non-ozone depleting, wherein the refrigerant compositions are useful as a heating or cooling fluids in a variety of heating or cooling systems including heat pumps and other heating and cooling loops, in for example the automotive industry as suggested by ‘251 (Page 1, [0009]).
Regarding claim 20: ‘866 teaches a method of retrofitting an existing refrigerant in an HV ACR system, the method comprising: gaseous mixtures that are useful as replacement or alternative refrigerants for the mixtures R404A, R507A and R407C (Page 1, [0001]). The gaseous mixture selected from the group consisting of: propylene (R1270) in a concentration from 90% to 99% by weight and a gas selected from the group consisting of butene, ethylene (R1150) and ethane (R170) or mixtures thereof in a concentration from 1% to 10% by weight (Page 1, [002], Table 1; Page 4, Claim 1). ‘866 does not expressly teach R1270 refrigerant is greater than zero and less than at or about 56 wt% of the refrigerant composition.
However, ‘251 teaches refrigerant compositions (Page 1, [0001]) including 2,3,3,3-tetrafluoropropene (HFO-1234yf) and propylene (R-1270) in the amount from 1 to 10 weight percent based on the total refrigerant composition (Page 2, [0018]) which exhibit near-azeotropic or azeotrope-like behavior. The refrigerant compositions exhibit a low global warming potential (GWP) and are non-ozone depleting. The refrigerant compositions are useful as a heating or cooling fluids in a variety of heating or cooling systems including heat pumps and other heating and cooling loops, in for example the automotive industry (Page 1, [0009]).
In an analogous art of the method of retrofitting an existing refrigerant in an HVACR system, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the amount of R1270 by ‘866, so as to include R1270 refrigerant is greater than zero and less than at or about 56 wt% of the refrigerant composition as taught by ‘251, and would have been motivated to do so with reasonable expectation that this would result in providing a low global warming potential (GWP) and are non-ozone depleting, wherein the refrigerant compositions are useful as a heating or cooling fluids in a variety of heating or cooling systems including heat pumps and other heating and cooling loops, in for example the automotive industry as suggested by ‘251(Page 1, [0009]).
10. Claims 1, 14-16 are rejected under 35 U.S.C. 103(a)(1) as being unpatentable over Mondino et al. (US Pub. No. 2015/0175866 A1, hereinafter “’866”) in view of Yuzawa et al. (US Pub. No. 2016/0018135 A1, hereinafter “’135”).
Regarding claims 1,14-16: ‘866 teaches a refrigerant composition comprising gaseous mixtures that are useful as replacement or alternative refrigerants for the mixtures R404A, R507A and R407C (Page 1, [0001]). The gaseous mixture selected from the group consisting of: propylene (R1270) in a concentration from 90% to 99% by weight and a gas selected from the group consisting of butene, ethylene (R1150) and ethane (R170) or mixtures thereof in a concentration from 1% to 10% by weight (Page 1, [002], Table 1; Page 4, Claim 1). ‘866 does not expressly teach R1132a refrigerant, wherein the R1132a refrigerant is more than zero and at or about or less than 82 wt%, preferably 62 wt%, and more preferably 53 wt% of the refrigerant composition.
However, ‘135 teaches a binary refrigerating apparatus comprising a high-temperature-side refrigeration circuit and a low-temperature-side refrigeration circuit, which achieves a refrigerating capacity of −80° C. or lower by condensing a refrigerant in the low-temperature-side refrigeration circuit with a refrigerant passing through a cascade condenser in the high-temperature-side refrigeration circuit, wherein a refrigerant composition containing difluoro ethylene (R1132a) and hexafluoroethane (R116) is used as the refrigerant in the low-temperature-side refrigeration circuit, so that an evaporation temperature reaches a temperature lower than both boiling points of difluoroethylene (R1132a) and hexafluoroethane (R116) (Page 1, [0015]; Page 6, [Claim 1). ‘135 teaches a refrigerant composition in which difluoroethylene (R1132a)/hexafluoroethane (R116)/carbon dioxide (R744)=27.6 to 29.2% by mass/56.8 to 68.4% by mass/4.0 to 14.0% by mass are mixed is used as the refrigerant in the low-temperature-side refrigeration circuit. The added amount of hexafluoroethane (R116) is high to be non-combustible; the GWP is as small as about 8000; and a low temperature lower than −80° C. can be achieved. Furthermore, a further effect in which the COP does not decrease, oil deterioration and sludge do not occur, and a risk of explosion is not caused is more surely exerted (Page 3, [0032]). .
In an analogous art of the refrigerant composition for an HVACR system , and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the refrigerant composition by ‘866, so as to include R1132a refrigerant, wherein the R1132a refrigerant is more than zero and at or about or less than 82 wt%, preferably 62 wt%, and more preferably 53 wt% of the refrigerant composition as taught by ‘135, and would have been motivated to do so with reasonable expectation that this would result in providing a non-combustible refrigerant, the GWP is small, and and a low temperature lower than −80° C can be achieved. Furthermore, a further effect in which the COP does not decrease, oil deterioration and sludge do not occur, and a risk of explosion is not caused is more surely exerted as suggested by ‘135 (Page 3, [0032]).
11. Claims 1, 17-18 are rejected under 35 U.S.C. 103(a)(1) as being unpatentable over Mondino et al. (US Pub. No. 2015/0175866 A1, hereinafter “’866”) in view of Low et al. (US Pub. No. 2016/0195321 A1, hereinafter “’321”).
Regarding claims 1,17-18: ‘866 teaches a refrigerant composition comprising gaseous mixtures that are useful as replacement or alternative refrigerants for the mixtures R404A, R507A and R407C (Page 1, [0001]). The gaseous mixture selected from the group consisting of: propylene (R1270) in a concentration from 90% to 99% by weight and a gas selected from the group consisting of butene, ethylene (R1150) and ethane (R170) or mixtures thereof in a concentration from 1% to 10% by weight (Page 1, [002], Table 1; Page 4, Claim 1). ‘866 does not expressly teach R1132a refrigerant, and the R170 refrigerant is at or about or greater than 15 wt%, preferably 36 wt% to less than 100 wt% of the refrigerant composition.
However, ‘321 teaches a composition (Page 1, [0001[) comprising: (i) 1,1-difluoroethene (R-1132a), (ii) a second component selected from the group consisting of hexafluoroethane (R-116), ethane (R-170) and mixtures thereof, and, optionally (iii) carbon dioxide (CO2, R-744) (Page 2, [0034]; Page 21, Claim 1), wherein the composition comprising from about 40 to about 60% by weight of ethane and from about 40 to about 60% by weight of R-1132a (Page 2, [0030]; Page 21, Claim 19) with benefit of providing alternative refrigerants having improved properties such as low GWP, yet possessing acceptable refrigeration performance, flammability characteristics and toxicology. There is also a need to provide alternative refrigerants that may be used in existing devices such as refrigeration devices with little or no modification (Page 1, [0017]).
In an analogous art of the refrigerant composition for an HVACR system , and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the refrigerant composition by ‘866, so as to include R1132a refrigerant, and the R170 refrigerant is at or about or greater than 15 wt%, preferably 36 wt% to less than 100 wt% of the refrigerant composition as taught by ‘321, and would have been motivated to do so with reasonable expectation that this would result in providing alternative refrigerants having improved properties such as low GWP, yet possessing acceptable refrigeration performance, flammability characteristics and toxicology. There is also a need to provide alternative refrigerants that may be used in existing devices such as refrigeration devices with little or no modification as suggested by ‘321 (Page 1, [0017]).
Examiner Information
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bijan Ahvazi, Ph.D. whose telephone number is (571) 270-3449. The examiner can normally be reached on Mon-Fri 9.00 A.M. -7 P.M..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Bijan Ahvazi/
Primary Examiner, Art Unit 1763
01/30/2026
bijan.ahvazi@uspto.gov